Virginia Supreme Court Weighs Challenge to Democrats’ Redistricting Amendment

A legal challenge to Virginia’s redistricting amendment was argued Monday before the state’s Supreme Court, with the court considering whether lawmakers followed the state constitution’s requirements for placing the measure on the ballot.

Virginian voters last week approved a constitutional amendment that would redraw the state’s Congressional map, aimed at favoring Democrats.

The case centers on Article XII, which outlines a two-step process for amending the state constitution, including the timing of legislative votes, the requirement of an intervening election, and notice that must be given before an amendment can be submitted to voters.

Attorneys for the challengers, backed by the Republican National Committee and National Republican Congressional Committee, argued the legislature failed to comply with those constitutional requirements.

They said the amendment was advanced too late in the election cycle and did not meet the constitution’s rules, making it invalid despite voter approval.

Democrats defending the amendment argued the legislature complied with the constitution’s requirements and that the process was valid. Their argument relied, in part, on how key terms are interpreted, including whether the term “election” refers specifically to Election Day or the broader voting period.

The dispute centers on how the constitution’s 90-day requirement for the minimum time between the legislature’s final approval of an amendment and when it is put before voters applies to an election.

Justice Wesley G. Russell Jr. pushed back on the contention that voter approval supported the constitutional legitimacy.

“It doesn’t matter if it passed by one vote,” Russell said, adding that wasn’t relevant to whether the legislative process was properly followed.

Democrats argue the deadline must be measured against Election Day itself, while Republicans say it applies to the broader voting period, including early and mail-in voting. That distinction determines whether the amendment met the required timeline under state law.

The 90-day deadline was not met if the broader timeline is granted.

“Do you think it is all anomalous to tell somebody that when they went and voted for a member of the House of Delegates, up or down, irrevocably cast their vote, that they were not actively participating in the election when they cast their ballot?” a justice asked.

“For you to be correct, people casting votes are not actively participating in the election when they cast their votes,” the justice said. “How am I, if I voted on Oct. 21, actively participating in the election when I cast my vote if the election hasn’t begun yet?”

“Because you cast your ballot early, but your vote isn’t counted until Election Day,” Virginia Solicitor General Tillman J. Breckenridge responded.

The justice said casting, not counting the vote, was an essential part of an election.

Breckenridge disagreed with the justice and said the vote actually happens on Election Day.

The state Supreme Court had earlier allowed the special election to proceed as it considered the case. Republicans have brought several challenges to the referendum in lower courts.

Republicans have backed their challenge through multiple court filings, including amicus briefs submitted in related cases arguing the amendment violates the Virginia Constitution.

“Virginia Democrats’ redistricting scheme is a blatant attempt to rig the system and lock in political power,” Republican National Committee Chairman Joe Gruters said Monday in a press release. “The RNC is backing this challenge before the Virginia Supreme Court alongside the NRCC, and we also have a joint case moving forward as part of the same fight to make sure these unconstitutional maps are struck down.”

Democratic State Sen. Scott Surovell defended the amendment in a post on X.

“Our actions in the special session were vetted by dozens of attorneys including the nonpartisan attorneys who advised the General Assembly at the Division of Legislative Services,” he wrote, adding the voters had supported it.

Redistricting has been a hot button politically over the past few years. Typically, redistricting is done once a decade, when the new Census data is released. In some states, mid-decade redistricting attempts have created controversies.

In Michigan, Democrats took control of the state legislature in 2022 for the first time in 39 years, just months after an independent commission redrew district lines.

In Texas, Republicans redrew districts to gain seats, but lawsuits claimed racial gerrymandering. A federal court initially blocked the map, but the U.S. Supreme Court allowed it to be used, and as of now, the map remains in effect for 2026 elections.

California responded to Texas’s redistricting by saying they would do the same. Lawmakers pursued redistricting by placing a constitutional amendment on the November 2025 ballot and voters approved it. That allowed new congressional maps designed to favor Democrats to take effect.